April 2023

Warranties and Indemnities: Essential Elements of an Agreement for Sale

Warranties and indemnities are essential elements in any agreement for sale. The distinction between warranties and indemnities is critical as the remedies to which an innocent party will be entitled to will differ. Today, we discuss the differences, the consequences of a breach, and what you need to know before allowing or disapproving a warranty or an indemnity in an agreement for sale.

The High Court Rules: Parents Can Freely Sell Their Land Without Seeking Consent From Their Children

Recently, Justice Munyao Sila of the Environmental and Land Court made a landmark judgement in Oganga & another v Orangi & 3 others (Environment & Land Case 466 of 2015) [2023] KEELC 16348 (KLR) (22 March 2023), granting parents the liberty to sell their land or property without consulting their children. This precedent-setting judgment ended an eight-year protracted land dispute pitting a parent and two buyers on one side and his two sons on the other.

Compare listings